Ganesh Yadav @ Dinesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22172 of 2020 Arising Out of PS. Case No.-51 Year-2017 Thana- GHOSWARI District- Patna ====================================================== Ganesh Yadav @ Dinesh Yadav S/o Ramashish Yadav R/VillageMahudibigha, P.S.- Chandi, District- Nalanda. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar Sinha For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-11-2020 Heard learned counsel for the petitioner as well as learned A.P.P. for the State through video conferencing. The petitioner seeks bail in Ghoshwari P.S. Case No. 51 of 2017, registered for the offence under Section 392 of the Indian Penal Code.

As per the prosecution case, on 06-06-2017, while the informant was coming from Ghoshrama Balughat by his tractor loaded with sand, four unknown persons came on motorcycles and on gun point, looted his cash and thrown his mobile in a field.

It is submitted on behalf of petitioner that petitioner is not named in the FIR. Name of the petitioner has come on the confessional statement of co-accused Nitish Kumar, who has already been granted bail. It is further submitted that till date,

Patna High Court CR. MISC. No.22172 of 2020(4) dt.02-11-2020 2/2 petitioner has not been put on TIP. No incriminating article has been recovered from the possession of the petitioner. Chargesheet has already been submitted in this case and petitioner is in custody since 16-01-2020.

Considering the aforesaid facts and circumstances, the bail application of petitioner is allowed. Let the above-named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri K.P. Arya, learned Judicial Magistrate 1st Class, Barh, District Patna in connection with Ghoshwari P.S. Case No. 51 of 2017 on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.".

(Prabhat Kumar Singh, J.) anay/- U T